The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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There is confusion in The Florida Bar and some judges concerning Florida’s recent adoption of the “Daubert” test–replacing the “Frye” test–for deciding when expert opinion evidence is admissible. In short, Daubert admitted new and novel scientific evidence that Frye would have precluded. Despite this fact, the defense bar a leapt at the opportunity to seize…
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In Citizens Property Ins. Corp. v. Salazar, 2023 WL 6450467 (Fla. 3d DCA 2023 – Case No. 3D20-0367), the Third District considered Citizens’ appeal of a final judgment entered after a jury verdict in favor of the insured. Because the trial court erred in denying Citizens’ motion in limine, causing the homeowner’s failure to present…
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In Serrano v. Citizens Property Insurance Corp., 368 So.3d 1064 (Fla. 3d DCA 2023), the Third District considered a first-party property dispute in which the insureds appealed a final summary judgment rendered in favor of their insurer, Citizens Property Insurance Corporation. The insureds filed a complaint seeking payment for a water-related loss under an all-risk…
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In Universal Property & Casualty Ins. Co. v. Caboverde, 366 So. 3d 4 (Fla. 4th DCA 2023), the Fourth District considered a case that involved two insurance claims: a 2016 ceiling collapse claim, and a 2019 Hurricane Irma claim. The case went to a jury trial and the jury entered a verdict in favor of…
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In Cole v. Universal Property & Casualty Ins. Co., 363 So.3d 1089 (Fla. 4th DCA 2023), the Fourth District considered newly enacted section 627.70152 of the Florida Statutes, which included a required presuit notice of intent to litigate as a condition precedent to filing suit. The trial court dismissed an insured’s suit without prejudice due…
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In People’s Tr. Ins. Co. v. Marzouka, 320 So. 3d 945 (Fla. 3d DCA 2021), the Third District considered the issue of when a trial court should dismiss an insured’s”s breach of contract claim and compel appraisal. In Marzouka, the complaint sought a declaratory judgment in addition to stating a breach of contract claim. People’s…
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An “Engle progeny” case is a case in which an injured smoker sues a tobacco company for fraudulent concealment, conspiracy, and other tortious conduct. What proof is required to prevail on the reliance element of the fraudulent concealment and conspiracy claims? An Engle progeny plaintiff must prove reliance on a statement that was made by an Engle defendant (for a…
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While it is depressing and scary that such a court decision was even necessary, I’m pleased to report that in Green v. Alachua County, 323 So. 3d 246 (Fla. 1st DCA 2021), a majority of the First District showed that not all lawyers were sick the day they taught constitutional law at law school. The…
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